DPD and mobile phone order

[BankFodder]

Of course you could pay them the money under protest and warn them that you will be pursuing a legal action to recover the money .

 

If you brought a legal action then not only would you be able to claim that, you could also claim any expenses plus interest which is currently at 8% simple .

 

You won't get that rate of interest anywhere else.

 

 

[dx100uk]

sorry but why do you think you owe them +£1000?

you dont.

they owe you your payments to date.

 

 

[BankFodder]

I have a sense that they are saying that this is the exit fee

[Max Powell]

Yes, ID Mobile said that this is a civil case between DPD and myself. I don't agree with this because the phone was never in my possession.

[BankFodder]

They are trying to deflect responsibility onto DPD.

It is their responsibility. Don't be diverted

[Max Powell]

Do you know where I can find a solicitor who deals with this type of case?

[BankFodder]

We don't recommend solicitors. This is a very easy case and you can do it yourself with our help .

 

If you went to a solicitor they would spend at least 6 months writing letters to and fro and charging you lots of money and then eventually if they decided to sue, you would win but you wouldn't get any of your costs back because you wouldn't get solicitors cost back in a small claims action

 

 

If you do it yourself you will learn a lot about bringing claims against companies that try to bully you or rip you off and you will then be able to go on and sue anybody else who gets in your way.

 

 

There's nothing not to like. 

[BankFodder]

And by the way, the way these things go with this kind of action, especially when Currys is involved is that they will place obstacles in your way.

But once they start to take you seriously which is generally speaking after the issue of the claim papers, they will suddenly put their hands up and pay you out apparently as a gesture of goodwill.

 

This is not guaranteed but it is the usual pattern .

 

On the evidence that you say you have, they can't possibly win

 

 

[Max Powell]

Ok, thanks for your advice. 

 

Its been very helpful.

 

What is the next step you recommend I take?

[BankFodder]

Start reading up on this forum. He steps involved in taking a small claims action in the county court .

I suggest that you read up the threads involving EVRi couriers.

Reading and understanding is essential for your own confidence. However, we will be guiding you and helping you draft the relevant documents which are very simple and don't require particularly special language.

 

It's a but there are lots of similarities in the process .

Standby for a further response tomorrow

 

 

 

[Max Powell]

Ok, thank you.

[Ethel Street]

On 30/11/2022 at 21:12, Max Powell said:

Yes, ID Mobile said that this is a civil case between DPD and myself. I don't agree with this because the phone was never in my possession.

 

And more to the point (legally) because you did not appoint DPD to deliver the package, ID mobile did. So DPD's contract is with ID Mobile not you, and DPD were therefore acting as agent for ID Mobile, not as your agent. It's the contractual relationship that is the key thing legally, it's between ID Mobile and DPD, you are not a party to the delivery contract.

 

It's just ID Mobile trying to fob you off.

[Max Powell]

@Ethel StreetStreet

 

Thank you for letting me know.